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2024.02.01 Motion for Summary Judgment, Adjudication 241
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.01
Excerpt: ...ad problems with it, he brought it into Ken Grody Ford for repairs. Unhappy with the results, plainti¯, with the assistance of counsel that specialize in Lemon Law cases, sent a letter dated February 28, 2022, outlining the problems and demanding that Ford repurchase the truck. (See Exh. “5.”) The matter settled pre-litigation. On July 13, 2022, plainti¯ and Ford Motor Company entered into an agreement that provided that Ford would pay pl...
2024.01.25 Motion to Tax Costs 631
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...endant conceded that the costs entered on lines 3 and 4 (Item No. 4 is for depositions) were supposed to be on lines 4 and 5 (Item No. 5 is for service of process). In its discretion, the court allows the amended cost bill to be filed as the original memorandum of costs contained clear errors. There is no prejudice to any party in allowing an amended cost bill as the numbers themselves have not changed. They are just now in the correct column. Th...
2024.01.25 Motion to Tax Costs 207
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...rcycle brakes had failed but lost. The court notes that during trial, Achstein called an eyewitness who was driving a short distance behind the motorcyclist. He stated that when defendant Kroeger made her left-hand turn, the motorcyclist "didn't have a chance." The achon against the "Suzuki" defendants was based on a theory that the motorcycle brakes had failed due to a manufacturing defect and that brake failure was the basic cause of the accide...
2024.01.25 Demurrer 156
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...tions for actions not taken in 2018, the action appears to be time-barred. To the extent the statutory claims address actions not taken in 2023, the action appears to be timely. Other claims are addressed below. First Cause of Action—Civil Code section 2923.5 The first cause of action alleges a statutory violation by recording the notce of default in 2018 without complying with the statute. The notice of default was recorded August 20, 2018, bu...
2024.01.25 Demurrer 109
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ... the property in 2013. Leaks observed in 2015 and 2018 were repaired by the landlord. Plaintiffs allege they began suffering various physical ailments in 2018 which they now claim results from the mold. A leak in 2020 was because a prior leak had not been properly repaired. A mold report ordered by the plaintiffs in April 2021 showed elevated levels of mold throughout the unit. Plaintiffs allege they moved out in July 2021. The complaint was file...
2024.01.18 Motions to Quash 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...icolas Gonchar, a selfrepresented litigant, ate a hotdog at a Costco location, became ill, and that when he complained to Costco he was ignored. According to the declarations of these defendants, Raikes, Galant, and Jelinek are, and were at all relevant times, residents of the State of Washington. Denman is a resident of the State of Colorado. Raikes has no connection with California and does not consent to jurisdiction in this state. He has live...
2024.01.18 Motion for Summary Judgment, Adjudication 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...ion 1102.5, subdivision (b), fails as a matter of law. This has to do with plaintiff's claim he engaged in protected activity. 3. Whether plaintiff's cause of action for violation of Health & Safety Code section 1278.5, fails as a matter of law. This has to do with a claim that he suffered an adverse employment action because of a purported patient safety complaint. Code of Civil Procedure secton 437c, subdivision (h) Plaintiff initially opposes ...
2024.01.18 Motion for Sanctions 164
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...ction. However, no credible evidence is presented to support that position. At best, it is argued that because he could have, and should have, checked on the corporate status of his clients first, then he is liable for sanctions for filing various pleadings and documents with the court for close to a year. But there is no evidence that he knew about the issue and concealed this information from the plaintiff or the court. To the contrary, former ...
2024.01.18 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...at the blow caused her personal injuries, including traumatic brain injury. Although her husband, Christopher Atkins, did not see his wife being struck, he alleges he has suffered emotional distress and loss of consortium due to defendants' negligence. Demurrers to the third amended complaint were filed by defendants City of Newport Beach, Morrow-Meadows Corporation, and TLH Enterprises, Inc. A motion to strike portions of the amended complaint w...
2024.01.18 Demurrer 870
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...tion before the Fair Political Practices Commission into the same incident. However, the statutory framework provides for private enforcement after the FPPC and local authorities have been afforded suffcient tme to address the allegations. Moreover, once those basic time limits have passed, nothing in the statutes prohibit concurrent enforcement. The demurrer then makes a facial and an as-applied constitutional challenge to the private enforcemen...
2024.01.18 Demurrer 452
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...on (c)(l). The statute requires the Labor Commissioner to bring the action "promptly." Given the Labor Commissioner's "decision" was not rendered February 3, 2020, the defendant asserts that the Commissioner's filing of the complaint on March 21, 2023, was not "prompt" and is thus barred. The statute sets a statute of limitations for these actions. Because of the six- month extension allowed for by Emergency Rule 9 as a result of the Covid pandem...
2024.01.11 Motion for Summary Judgment, Adjudication 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.11
Excerpt: ...exception of the word "duty," the defendant has not clearly stated precisely what cause of action, affirmative defense, or claim for damages it seeks to completely dispose of in the "issues" themselves as required by Code of Civil Procedure section 437c, subdivision (f)(l). Accordingly, the court declines to address the motion for summary adjudication of issues. As to the motion for summary judgment, there is only one cause of action pled in the ...
2024.01.11 Motion to Tax Costs 439
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.11
Excerpt: ...laintiff was clearly the prevailing party and is entitled to its costs of suit against Crew Salon, Inc. Novation is a defense here. Although defendants now wish to avoid that characterization, the testimony from the defendants was clear. Of course, if the defendants want to deny that a novation was properly alleged, then the judgment should be amended to state it is against the Gaglios in their individual capacity. The court reporter fees are cle...
2024.01.04 Motions to Compel Discovery 471
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...iff on March 28, 2023. The defendant sent a letter to plaintiff's counsel October 2, 2023, demand-ng that the plaintiff serve responses. Plaintiff did not serve any responses, she did not respond to counsel's letter, and she did not file opposition to the motions. The motions are GRANTED. Plaintiff is ORDERED to serve answers, without objections, in 15 days. Sanctions of $1,500 are awarded jointly and severally against plaintiff and plaintiff's c...
2024.01.04 Motion to Unseal Deposition Transcript 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ther, he was not timely advised of his Fifth Amendment rights during the deposition. Now that Pineda has pled guilty in the criminal matter, there do not appear to be any criminal matter impediments to the taking of a properly noticed deposition. Motion to Compel Examination of Plaintiff The motion of defendant Santa Ana Unified School District to compel plaintiff minor to submit to a psychological examination is GRANTED as modified. The plaintif...
2024.01.04 Motion to Compel Production of Redacted Portions of Communications 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ....1346 [must serve motion on deponent].) The court is initially inclined to continue the motion to permit Bottorff to be properly served. The parties should be prepared to discuss whether Bottorff has or needs to be personally served. The main issue is this: Whether communicatons between Bottorff and representatives of The Regents are protected by the attorney-client and/or work product privilege. This is a thorny question under the facts. General...
2024.01.04 Demurrer 891
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...uted them to plaintiffs. The complaint seeks damages of over $253,000. The complaint raises six causes of action: 1. Breach of contract; 2. Negligence; 3. Intentional misrepresentation; 4. Negligent misrepresentation; 5. Unjust enrichment; and, 5. Money had and received. The complaint seeks monetary damages and exemplary damages for the alleged misrepresentations as to the status of the ERCs. The answer alleges the following affrmative defenses: ...
2024.01.04 Demurrer 338
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...far as it relates to the fourth cause of action for failure to prevent harassment. However, the law is clear that a supervisor cannot be held personally liable under FEHA for failing to prevent the alleged discrimination. (Fiol v. Doellstedt (1996) 50 Cal.App.4th 1318, 1326; see also, Raines v. U.S. Healthworks Medical Group (2023) 15 Cal.5th 268, 279- 280.) Demurrer (Blower- Dempsay) The demurrer of defendant Blower-Dempsay Corporation to the fi...
2024.01.04 Demurrer 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ement of a proper meet and confer would not serve the intent of the code requirement. The first amended cross-complaint alleges four causes of action: breach of fiduciary duty, fraud, conversion, and breach of contract. The demurrer complains that the four causes of action are uncertain and therefore they each fail to state a viable cause of action. However, the alleged "uncertainties" are little more than challenges to the merits of the crosscom...
2024.01.04 Demurrer 173
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ilding. But the contractor did not perform and was terminated. The association then hired Champion Construction Services to complete the project. Champion's demurrer to the original complaint was sustained with leave. Plaintiff filed a first amended complaint to which Champion has again filed a demurrer. The amended complaint has made several minor adjustments to the factual pleadings, but it has done little to address most of the key issues rais...
2023.11.16 Motion to Compel Deposition 550
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.16
Excerpt: ...d a person most qualified, and it properly objected to the scope and breadth of the propounded discovery. The defendant manufacturer states it is willing to turn over all documents related to the vehicle in issue—and has already done so. What it objects to is the overreach of the discovery requests, in terms of the numbers of discovery requests and the fact they relate to other vehicles and other dealerships. The PMQ, the Deposition Date, and T...
2023.11.16 Motion to Amend Complaint 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.16
Excerpt: ...position. (ROA 120.) In essence, it argued that the third amended complaint improperly seeks to add Christopher Atkins, the husband, as a plaintiff, because he did not file a Government Tort Claim; and it improperly seeks to revive a claim for infliction of emotional distress and to add a cause of action for loss of consortium for Christopher Atkins. The basic problem with the motion is that it is procedurally improper on numerous levels. Thus, i...
2023.11.09 Demurrer, Motion to Strike 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.09
Excerpt: ...esponses by cross-complainant Microwine Group, Inc., to Request for Production of Documents (Set wo) and for sanctions. Counsel for Xu concedes in a declaration filed November 2, 2023 (ROA 225) that counsel for Microwine Group, lnc„ served responses to the Request for Production of Documents on October 16, 2023. Xu contends, however, that the responses are not code compliant and therefore he refuses to withdraw the motion. The responses were se...
2023.11.02 Demurrer 834
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.02
Excerpt: ...ction of emotional distress, which is the subject of this demurrer. The key allegation is that plaintiff was visibly pregnant at the time of the accident, that the acc:ident caused her to hit her stomach into the steering wheel, and that caused her serious concerns for the health of her unborn child. To properly analyze whether a cause of acton for intentional infliction of emotional distress has been pled, the allegations of the third cause of a...
2023.10.26 Motion to Strike or Tax Costs 041
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ...division defendant provides no evidence that shows these costs were unnecessary or unreasonable. Defendant has not met its burden. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Item No. 8 Defendant argues the $1,530 claimed for expert fees was unreasonable because Lemon Law plaintiffs do not need to present expert testimony to prevail. Its reliance on Oregel v. American Isuzu Motors, Inc. Cal.App.4th 1094 at page 1102, footnote 8, is mispl...

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